THIRD AMENDMENT TO AGREEMENT

This Third Amendment to Agreement ("Third Amendment") is made by the

County of Alameda ("County") and Vanir Construction Management, Inc.

("Contractor"), with respect to that certain agreement entered by them on March 12,

2013, that certain First Amendment to Agreement, effective September 30, 2013, and that

certain Second Amendment to Agreement, dated November 4, 2014, (collectively, the

"Agreement") pursuant to which Contractor provides Americans with Disabilities Act

("ADA") Assessment services to the County.

For valuable consideration, the receipt and sufficiency of which are hereby

acknowledged, County and Contractor agree to amend the Agreement in the following

respects:

1. Except as otherwise stated in this Third Amendment, the terms and provisions of

this Amendment will be considered to be effective as of May 1, 2015 ("Effective

Date").

2. The term of the Agreement is currently scheduled to expire on May 1, 2015. This

Third Amendment authorizes work through May 31, 2016.

3. In consideration for Contractor performing the additional services more fully

described in the attached Exhibit A, the County shall pay Contractor in an

additional amount not to exceed one hundred and fifteen thousand dollars

($115,000). As a result of these additional services the not to exceed amount has

increased from two hundred fifty dollars ($250,000) to three hundred and sixty­

five thousand dollars ($365,000) over the term of the Agreement and any

amendments.

4. Item 20 of the Standard Services Agreement has been amended to read as follows:

TERMINATION: The County has and reserves the right to suspend, terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County

should abandon, terminate or suspend the Contractor' s work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment. Said payment shall be computed in accordance with Exhibit B hereto, provided that the maximum amount payable to Contractor for its ADA Assessment Services shall not exceed $365,000.00 payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment.

5. DEBARMENT AND SUSPENSION CERTIFICATION:

a. By signing this Third Amendment and the attached Exhibit D - Debarment

and Suspension Certification, Contractor/Grantee agrees to comply with

applicable federal suspension and debarment regulations, including but not

limited to 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29

CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.

b. By signing this agreement, Contractor certifies to the best of its knowledge

and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment,

declared ineligible, or voluntary excluded by any federal department

or agency;

(2) Shall not knowingly enter into any covered transaction with a person

who is proposed for debarment under federal regulations, debarred,

suspended, declared ineligible, or voluntarily excluded from

participation in such transaction.

6. SMALL LOCAL AND EMERGING BUSINESS PAR TICIP A TI ON: Contractor

shall subcontract with The KP A Group (One Kaiser Plaza, Suite 445, Oakland, CA

94612; President, Hratch Kouyoumdjian), for services to be provided under this

Agreement in an amount of at least eight percent (8%) of the contract value of this

Third Amendment to the Agreement in accordance with County's Small and

Emerging Local Business provision.

Participation of a small and/or emerging local business must be maintained for the

term of this Amendment. Contractor shall not substitute the small and/or

emerging local business(s) listed in this Amendment without prior written

approval from the County. County will be under no obligation to pay Contractor

for the percent committed to a small and/or local business if the work is not

performed or not performed by the listed small and/or emerging local business.

Requests to substitute a small and/or emerging local business shall be submitted in

writing to the Auditor-Controller' s Office of Contract Compliance (OCC) located

at 1221 Oak Street, Room 249, Oakland, CA 94612 at Tel: (510) 891-5500, Fax:

(510) 272-6502 or via E-mail at ACSLEBcompliance@acgov.org.

Contractor shall provide SLEB utilization reports when invoicing the County

utilizing the Alameda County Compliance System. Contractor and Contractor' s

small and/or emerging local businesses participating as subcontractors on the

awarded contract are required to use the County web-based compliance system as

described in Exhibit E (Contract Compliance Reporting Requirements) to report

and validate payments made by Prime Contractors to the certified small and/or

emerging local businesses. It is the Contractor' s responsibility to ensure that they

and their subcontractors are registered and trained as required to utilize the

Alameda County Contract Compliance System.

Contact the Office of Acquisition Policy (OAP) at 1401 Lakeside Drive, 10th Floor,

Oakland, CA, (510) 208-9617 if you have any other questions regarding utilization

of the Alameda County Contract Compliance System.

7. Except as expressly modified by this Third Amendment, all of the terms and

conditions of the Agreement are and remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement as of the day and year first above written.

COUNTY OF ALAMEDA

Title: President of the Board of Supervisors

Approved as to Form:

DONNA R. ZIEGLER, COUNTY COUNSEL

By:~~-;.u_~v/~--Andrea L. Weddle

Assistant County Counsel

V ANIR CONSTRUCTION MANAGEMENT, INC.

By: __ &~:?tdt~~---11 Signature

Name:JMt pb A· Mbbit\~ (Printed)

Title: ~f l6\aw-r

By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement

Construdion Management, Inc.

June 1, 2015 (revised 6/15/2015)

Andrea L. Weddle Assistant County Counsel

EXHIBIT A

County of Alameda - Office of the County Counsel 1221 Oak Street, Suite 450 Oakland, California 94612,

1000 Broadway, Suite 475 Oakland, CA 94607

Tel : 510-663-1800 Fax: 510-663-1881

SUBJECT: Scope of Work, Schedule and Cost Proposal to Prepare a Funding Application for the Board of State and Community Corrections (BSCC} SB 863 Local Jail Construction Funding Program

Ms. Weddle,

Thank you for the opportunity to provide the County of Alameda with this proposal to prepare a Funding Application to be submitted to the Board of State and Community Corrections (BSCC) in response to their Request for Proposals (RFP) that will be issued in 2015.

Scope of Work

Vanir's proposed scope of work focuses on developing the following:

• An updated assessment of custody programs and services presently in place, including pretrial and post-sentence alternatives to incarceration and other judicial resources. The report will identify options and additional services that could be developed and suggest ways to enhance or expand current programs to address present and future needs.

• Identification of updated facility requirements that are based on an estimate of current facility needs; evaluation of the potential of existing jail facilities for continued and future use; development of a range of facility construction options; and calculation of the preliminary estimated construction cost of proposed facilities.

Vanir will be responsible for the presentation of all updated project planning data needed to support the project with the collection of necessary data provided by the Sheriffs Department. The Vanir team will provide a Jail facilities' construction plan that details (a) detention I program operations; and (b} specifications of space requirements and (c) construction costs that are presented in a time-phased planning document that can be used by County budget officials, Board of Supervisors, and Alameda County Sheriffs Department.

Vanir's consultant team will meet with key staff from the Alameda County General Services Department, Alameda County Sheriffs Department, and other affected County agencies to identify the renovation, facility enhancement, and/or expansion work associated with the Alameda County adult detention system that is to be included in a written funding grant request that will be submitted by Alameda County to BSCC in August of 2015. The draft proposal will be prepared following the guidelines contained in BSCC's formal

EXHIBIT A Proposal to Prepare Funding Application for SB863 June 1, 2015

Request for Proposal information packet. The draft proposal will likely include the following required minimal submittal information:

Section 1: Project Information - County name; amount of State funds requested; type of construction project and summary description of the scope of work the applicant county is requesting including identification of the net custody bed gain included in the Grant Application. The County Construction Administrator, Project Financial Officer, and designated Project Contact Person with names, addresses and telephone numbers will be completed by Vanir staff.

Section 2: Cost and Budget Summary - Cost summary information including the amount of State funds requested and amount of cash match and in-kind match Alameda County will be contributing to the total eligible project cost will be identified. A separate Budget Summary Form will be included in the Application.

Section 3: Project Timetable - Vanir staff will develop, with input from the General Services Agency and Sheriffs Department, information identifying the start and completion dates for each major activity associated with the project's overall timetable and schedule. This information will be included on BSCC's Project Timetable Form contained in the Application package.

Section 4: Grant Narrative - Vanir staff will prepare a maximum of 35 pages of double-spaced narrative and supporting Appendix information that will include the following:

(a) Statement of Need - Summary information will be developed that states the conclusions of the County's updated jail needs including statistical data to support the conclusions and other key information and program service needs justifying the jail construction funding request. This information may include litigation, court­ordered caps, and Consent Decrees related to crowding and/or conditions of confinement. Any statistical data will summarize average daily jail population (ADP) trends, and updated jail population projections for the targeted population. Available demographic data including County population estimates, crime rate and arrest information, and jail inmate population data showing custody status and other significant trends supporting the State Funding Request will be developed and included in the Application .

(b) Offender Programming and Treatment Services - Information will be included that describes the programs and actions the Alameda County Jail system has developed and implemented to help relieve jail crowding conditions. Statistical data will be developed and included that shows program usage and overall impact these alternative programs have had in alleviating crowding.

(c) Scope of Work - Detailed summary information will be prepared and included in this section that describes the project's scope of work and the impact the project will have on the County's adult detention system. Information and data will be included that clearly demonstrates and contrasts pre-construction jail conditions with post-occupancy conditions.

(d) Administrative Work Plan - Summary information will be developed and included in this section that describes the project timetable, and plan the County will follow in terms of managing and administering the BSCC Grant-Funded Jail Construction Project. The jail staffing plan for operating the facility within 90 days of completion will also be identified. All functions and responsibilities of project staff and contractors will be described including a description of the protocols and steps the County will take in monitoring and reporting the progress of the proposed construction project.

pg.2

EXHIBIT A Proposal to Prepare Funding Application for SB863 June1,2015

(e) Budget Narrative -Anticipated cost estimates will be developed for the physical construction project and allocated or tied to the objectives described under the project need, scope of work, offender treatment, and programming and administrative work plan. Also, match requirements will be developed and provided in the application that is consistent with similar projects of this size. In addition, consultant staff will work with the County Sheriffs department to show the County will meet its match requirements.

A total of ten (10) copies of the draft Funding Application will be prepared and submitted to Alameda County agencies for review and comment. Vanir will edit the draft application and print the required number of copies of the final Application that responds to the format and submittal requirements issued by BSCC for the SB 863 jail construction program.

Timeline

BSCC has not established the final timetable for counties to submit their Local Jail Construction Funding Program Proposal to the Executive Steering Committee. Regardless of the schedule BSCC establishes for submitting funding requests, Vanir is prepared and will commit to fulfilling the State's document requirements and schedule set for the SB 863 funding applications.

Application Preparation Fee Proposal

Vanir staff will prepare an SB 863 Funding Application that Alameda County Sheriffs Department can submit to BSCC in response to the local Jail Construction Funding Program Proposal requirements. Vanir consultants will prepare the Application for a cost not to exceed $111,930. This will include reporUapplication preparation costs (consultant staff and clerical), special consultants and reimbursable expenses (travel, meals, reproduction , delivery, etc.). Vanir plans to utilize The KPA Group as our SLEB partner for approximately 8% of the proposed services.

It is anticipated that the level of effort to complete the scope application for SB863 will take up to the time of submittal to the State, August 28, 2015 or before.

If you have any questions regarding this scope and budget, please call me or Jim Aboytes at 916-575-8888.

Karl Schultz, Area Manager

pg.3

EXHIBIT B

Im 5/30/2015 t; c ~ .. ..

E ~ ... i .2 ~ . E .. t;

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~ c( .!! t: - !: "' Ci' 'C ~ E

... .. .§ '" E =" ~ .. .!! ~ Oc~ ... .. ... =

County Goals and Objectives Biiiing Rate $210.00 $180.00 $190.00 $175.00

Meet with Sheriff and Stakeholders to establish Jail Objectives 4 16 8

Evaluate SB 863 recommended practices for maximum score inc inc

Establish correctional system goals and objectives Inc inc

Establish project delivery approach inc inc

Discussion & Strategy for response to Funding Application Inc inc

CEQA discussion inc inc

Hours Subtotal 4 16 0 8

Data Collection and Analysis NTE Fee Subtotal $840 $2,BIO $0 $1,400

Collect and review existing documents, studies, data and reports Inc 12

Review Impact of AB 109 and Prop 47 on Jail ADP and Bed Capacity Inc Inc

Review programs, operations, physical plan and alternatives to custody 8 Inc

Conduct onsite survey of facilities 4 8 8

Hours Subtotal 4 16 0 20

Architectural Space Program NTE Fee Subtotal $840 $2,880 $0 $3,500

Develop preliminary program statement 8 10 14

Conduct programming workshop 4 8 8

Interview/document stakeholder input 4 2 8

Develop Draft Operational and Functional Program 1 10 12

Develop draft functional space requirements 2 8 4

Develop proposed staffing plan for facility w/ SO assistance 4 Inc

Prepare final space program 4 4 4 4

Hours Subtotal 4 27 42 so Develop Conceptual Plan NTE Fee Subtotal $840 $4,860 $7,980 $8,7SO

Develop structural engineering concept

Prepare fire code and other code responses to remodeled areas

Develop conceptual building massing and site studies for alternatives 15 15

Develop ADA responses to remodeled areas Inc Inc

Finalize conceptual building and site plan for chosen solution Inc Inc

Prepare summary cost estimate based on conceptual building plan

Prepare Grant Narrative w/County review & comment 30 Inc 40

Prepare Budget Summary Table 20

Prepare project time table

Produce document for submission to State 4

Hours Subtotal 0 54 15 55

NTE Fee Subtotal $0 $9,720 $2,850 $9,625

Total Hours By Position 12 113 57 133

Total Cost by Position $2,520 $20,340 $10,830 $23,275

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16

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16 0

$2,400 $0 12

Inc

16

16

44 0

$6,600 $0

4

12

16 0

$2,400 $0

60

60

8

8

76 60

$11,400 $9,900

152 60

$22,800 $9,900

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8 ill 8 .5 $190.00 $190.00

0 0

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so

so 56

$9,500 $10,640

so 56

$9,500 $10,640

$9,soo I s10,64o

$20,140

Consultant Fees

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$85.00

44

0

0

0

0

0

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24

0

24

36

0 84

$0 $13,820

32

24

14

23

14

16

16

0 139

$0 $24,830

56

so 30

0

0

60

130

20

8

25 37

25 391

$2,125 $65,760

25 658

$2,125 $111,930

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named or unnamed subcontractor:

• Is not currently under suspension, debarment, voluntary exclusion, or

determination of ineligibility by any federal agency;

• Has not been suspended, debarred, voluntarily excluded or determined ineligible by

any federal agency within the past three years;

• Does not have a proposed debarment pending; and

• Has not been indicted, convicted, or had a civil judgment rendered against it by a

court of competent jurisdiction in any matter involving fraud or official misconduct

within the past three years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessary result in denial of award, but will be considered in determining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification.

CONTRACTOR: ~o.nw ~f\a\\\kCboo

PRINCIPAL: J~\t\ (\ . \-\t\J,\A\(A

SIGNATURE: ~1 /

\1'1~NJ\f;\j r \Y)c ·

TITLE: %lo\fitVl\'

DATE: \q, 1-'-\' ~ \6

RFP No. N(ft- , Master Contract No p/,+ , Procurement Contract No. 'B~c::>

EXHIBITE

COUNTY OF ALAMEDA CONTRACT COMPLIANCE REPORTING REQUIREMENTS

Upon receipt of signed amendment, prime contractor shall, even if not required in the original contract and any subsequent amendments, immediately enter/assign subcontractors in the System, confirm payments received from the County within 5 business days in the System, immediately enter payments made to subcontractors and ensure that subcontractors confirm they received payments within 5 business days in the System. Subcontractors shall confirm their payments received from the prime contractor within 5 business days in the System.

Alameda County Contract Compliance System training and ongoing support are provided at no charge to contractors and participating sub-contractors awarded a County contract. Contractors having contracts with the County should schedule a representative from their office/company, along with each of their subcontractors, to attend training. The training schedule may be viewed online at http://www.elationsys.com/elationsys/support l .htm or call Elation Systems at (510) 764-1870. A special access code will be provided to contractors and subcontractors participating in this contract to allow use of the System free of charge.

It is the Contractor's responsibility to ensure that they and their subcontractors are registered and trained as required to utilize the Alameda County Contract Compliance System. Training sessions are approximately one hour and will be held periodically in a number of locations throughout Alameda County.